A factory operative who suffered a severe ankle injury when he fell to the ground as he tried to free a trapped bin has been awarded €224,000 damages by the High Court.
Tomasz Zdejszy fell from a height of about two metres to the ground, landing on his right foot, in the accident six years ago.
Mr Justice Michael Hanna found 20 per cent contributory negligence on the part of Mr Zdejszy on the basis he did not exercise sufficient care for his own safety.
Mr Zdejszy, Castlecurragh Heath, Mulhuddart, Dublin, had sued his employer, Stewart Foil Ltd, Rosemount Business Park, Blanchardstown, Dublin and Panda Waste Services Ltd, with offices at Athlumney, Navan, Co Meath, which was responsible for a waste collection at Stewart Foil Ltd
He claimed he was working in the factory on April 13th 2012, assisting with the waste collection process, when the accident occurred. He said he was caused to fall from the waste paper container while attempting to free a trapped bin with a metal bar.
In his case against his employer, he alleged failure to ensure the safe and proper removal of an obstacle to waste collection without the necessity of Mr Zdejszy working at a height when, he alleged, it was unsafe to do so.
In his claim against Panda Waste Services, he alleged he was required to remove or manoeuvre a bin on a waste container while exposed to working at a height. He also alleged he was provided with an unsuitable object, a metal bar, for the purposes of removing the bin.
Mr Justice Hanna found Stewart Foil Ltd two thirds responsible, and Panda Waste Services one third responsible, for the accident.
The judge said Mr Zdejszy suffered a significant fracture.
He awarded damages of €280,839 which, when reduced by 20 per cent for contributory negligence on Mr Zdejszy’s part, makes a total final award of €224,671. The judge granted a stay in the event of an appeal but, on the application of Ronan Dolan SC, for Mr Zdejszy, also directed that €112,000 be paid out over the next two weeks.
